Capitulation (treaty)
A capitulation is a treaty or unilateral contract by which a sovereign state relinquishes jurisdiction within its borders over the subjects of a foreign state. As a result, the foreign subjects are immune, for most civil and criminal purposes, from actions by courts and other governmental institutions in the state that makes the capitulation.[2]
The term capitulation is derived from the Latin word caput.[3]
Historical examples
Medieval capitulations
In the
In the 9th century CE, the
The explanation of the practice is to be found in the fact that the sovereignty of the state was held in those ages to apply only to its subjects; foreigners were excluded from its rights and obligations. The privilege of citizenship was considered too precious to be extended to the alien, who was long practically an outlaw. But when the numbers, wealth, and power of foreigners residing within the state became too great, it was found to be politic to subject them to some law, and it was held that this law should be their own. When the Ottoman rule was substituted for that of the Byzantine Emperors, the system already in existence was continued; the various Non-Muslim peoples were allowed their semi-autonomy in matters affecting their personal status, and the Genoese inhabitants of Galata were confirmed in their privileges.[5]
The first capitulation concluded between the Ottoman Empire and a foreign state was that of 1535, granted to the
Intra-European capitulations
The treaty of 1641 between the
Swiss capitulations
The extensive employment of
See also
Notes and references
- ^ MEMORY OF THE WORLD REGISTER – Santa Fe Capitulations. Ref N̊ 2006-42[permanent dead link] Discussion of the historical significance of the document, history, translation of text.
- ^ Chisholm 1911a.
- ^ The Low-Latin diminutive of caput is capitulum, as indicating the form in which these acts were set down in chapters; the Greek equivalent, cephaleosis, is occasionally used in works of the 17th century.[citation needed]
- ^ public domain: Chisholm, Hugh, ed. (1911a). "Capitulation". Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. p. 283. One or more of the preceding sentences incorporates text from a publication now in the
- ^ a b c d e f g public domain: Chisholm, Hugh, ed. (1911b). "Capitulations". Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. pp. 283–284. One or more of the preceding sentences incorporates text from a publication now in the
- ^ ISBN 9781315063034.
- ISBN 978-0-8139-3833-2.